Baljinder Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7491 of 2022 Arising Out of PS. Case No.-993 Year-2021 Thana- BANKA District- Banka ====================================================== Baljinder Singh Son Of Darsan Singh R/O - Harika, P.S.- Harika, DistrictTaran Taaran, Punjab ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Banka P.S. Case No. 993 of 2021 corresponding to Special Excise Case No. 1104 of 2021, registered for the offence punishable punishable under Sections 30(a), 32(2), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2018.

4878 litres of foreign liquor has been recovered from a truck of which this petitioner was driver.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner was simply following the instruction of owner and was not aware about the nature of consignment which was being transported by the said truck. Petitioner has got no concern with the seized liquor.

Patna High Court CR. MISC. No.7491 of 2022(2) dt.08-04-2022 2/2 Petitioner is in custody since 16.12.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II, Banka in connection with Banka P.S. Case No. 993 of 2021 corresponding to Special Excise Case No. 1104 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T